In light of the ruling of the European Court of Justice in this case, the matter was remitted to the employment tribunal to determine whether the appellant was a worker within the meaning of Art.141 EC, whether the relevant pension scheme had an adverse impact upon her on the grounds that she was a woman, and whether, if the scheme did have an adverse impact, it was justified.
The appellant employee (W) appealed against a decision dismissing her complaints alleging sex discrimination against the first and second respondents, and a complaint against the third respondent for having denied her access to the teacher's superannuation scheme. W's appeal had been stayed ( EWCA Civ 529, (2001) ICR 1189), pending a reference to the European Court of Justice (C256/01 Allonby). Accordingly, in light of the ECJ's ruling, the court had to deal with consequential matters and make provisions for the determination of outstanding issues. Those issues had been: (a) whether W had been a worker within the meaning of Treaty of Rome, Art.141, as ruled by the ECJ; (b) if W had been a worker, whether the relevant pension scheme had an adverse impact upon her on the grounds that she was a woman; and (c) if the scheme did have an adverse impact, whether it had been justified.
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